Legal Question in Social Security Law in New York

Common Law Marriage and Social Security

My common law husband of almost 20 years was on Social Security Disability due to a stroke and passed away 2-25-05. I am aware New York State does not recognize common law marriage for any purpose but I've heard and read that it could still be possible for me to apply for and get Social Security based on his benefits if I became disabled or after a certain age. I now have Osteoarthritis and COPD but am not able to get Social Security Disability myself even if I qualify due to lack of work in my lifetime as he had always been the family bread winner. Is this true that I can get the same benefits from Social Security based on his income and claim as if we had been legally married? If it is true what will I need for proof we lived together as husband and wife and how to go about applying? We did not own real property together, there were no joint bank accounts, we did not file joint tax returns, file taxes as married or have any children. I appreciate any information you can provide,


Asked on 8/04/06, 3:57 am

1 Answer from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Common Law Marriage and Social Security

The fact that you did not work may not be that important. There are twp types of social security SSD (or disability) and SSI (supplemental security income) both of which you may qualify for. Feel free to contact my office regarding any further questions #2127098303

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Answered on 8/05/06, 11:22 am


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